25206.1-25206.4

HEALTH AND SAFETY CODE
SECTION 25206.1-25206.4




25206.1.  For purposes of this article, the following terms have the
following meaning:
   (a) "Direct costs" means the costs to the department of processing
applications, responding to requests, or providing other services,
for which the applicant or requester is required to reimburse the
department pursuant to those provisions specified in Section 25206.2,
that can be specifically attributed to a particular cost objective,
including, but not limited to, sites, facilities, and activities.
   (b) "Indirect costs" means the costs to the department of activity
that is of a common or joint purpose benefiting more than one cost
objective and not readily assignable to a single cost objective.
   (c) "Pro rata" means the general administrative costs expended by
central service agencies to provide centralized services to state
agencies, as defined in the State Administrative Manual.




25206.2.  (a) Except as provided in subdivision (c), the department
shall comply with this article when recovering costs for processing
applications, responding to requests, or providing other services,
for which the applicant or requester is required to reimburse the
department for its costs pursuant to Sections 25149.3, 25179.7,
25200.1.5, 25201.9, 25205.7, 25222.1, 25233, and 25234. For purposes
of this article and Sections 25149.3, 25179.7, 25200.1.5, 25201.9,
25205.7, 25222.1, 25233, and 25234, the department's costs include
direct costs, indirect costs, and pro rata costs, as defined in
Section 25206.1.
   (b) For the purposes of recovering the department's costs pursuant
to those provisions listed in subdivision (a), the department shall
establish and implement policies and procedures that include, but are
not limited to, all of the following:
   (1) Within 14 days following receipt of an application or request
for which charges are to be assessed, or a later date as may be
mutually agreed upon, the department and the applicant or requester
shall hold a project planning meeting. Within 30 days from the date
of the planning meeting, or within 30 days from the date that a
complete application or request is received by the department,
whichever is later, or by a later date mutually agreed upon, the
department shall provide the applicant or requester an estimate that
includes all of the following information:
   (A) A detailed description of the work to be performed or services
to be provided.
   (B) The estimated billing rates for all classes of employees
expected to work on the project. The department may adjust its
billing rates not more than once every six months. Any adjustment in
billing rates or other charges, including, but not limited to, pro
rata costs and indirect costs, shall operate prospectively.
   (C) An estimate of all expected charges to be billed to the
applicant or requester, to the extent that the department can project
its time and costs in advance. The department may adjust this
estimate subsequent to commencement of the project based on analysis
of new information that supports the adjustment, including, but not
limited to, such circumstances as a change in the scope of the
original work, additional work that is needed to ensure protection of
human health or safety or of the environment, or other circumstances
that arise that require substantially more time and effort than was
originally anticipated to complete the work. An adjustment may only
be made after providing written notice and a detailed explanation of
the change to the applicant or requester.
   (2) The department shall adopt a billing system and procedures
that include, but are not limited to, all of the following:
   (A) Billing rate and indirect cost rate schedules by employee job
classification.
   (B) Standardized work task descriptions.
   (C) Issuance of invoices at least quarterly, and to the extent
practicable, within 60 days from the date of completion of work for
which the charge is assessed.
   (D) The inclusion of sufficient detail with each invoice so that
the applicant or requester can relate the items on the invoice to the
benefits received and to the estimate or charges provided pursuant
to subparagraph (C) of paragraph (1). Invoices shall be supplemented
with statements of any changes in rates and a detailed justification
for any such changes.
   (E) Upon request and within a reasonable time, not to exceed 30
working days to the extent practicable, providing the applicant or
requester with access to time records and other materials supporting
the invoice.
   (F) The review of invoices for accuracy and appropriateness by a
member of the department staff who has direct knowledge of the work
or service performed.
   (G) The mailing of invoices to the contact person identified by
the applicant or requester.
   (H) The development of policies and procedures for resolving
disputes regarding charges billed pursuant to this section. The
department shall ensure that the party responsible for resolving a
dispute is not also responsible for, or performing, the work for
which the charges are assessed. A person disputing an invoice shall
notify the department in writing of the dispute and the reasons for
the dispute within 45 days from the date of the invoice.
   (I) The development of a concise statement of its cost
reimbursement policies and billing procedures, and making those
policies and procedures, the dispute resolution policies and
procedures, and other program guidance and policies readily available
to any person requesting them.
   (c) This article does not require amendment of, or otherwise
affect, any agreement entered into prior to July 1, 1998, pursuant to
which any person has agreed to reimburse the department for the
costs incurred by the department in processing applications,
responding to requests, or otherwise providing other services
pursuant to those provisions listed in subdivision (a).



25206.3.  The department shall take all of the following actions
with regard to the tracking of indirect costs:
   (a) Ensure that pro rata costs are allocated appropriately to all
departmental activities, so that the department's program will only
bear those pro rata costs in proportion to the benefits received by
those persons subject to the reimbursement requirements specified in
Section 25206.2.
   (b) Routinely include operating expenses in the indirect costs and
allocate those expenses using processes that ensure that the
department's program only bears indirect costs in proportion to the
benefits received by those persons subject to the reimbursement
requirements specified in Section 25206.2.
   (c) Exclude from indirect costs, the costs of grant development
and administration, fee administration, contract development and
administration, and public and governmental inquiries.




25206.4.  The department shall establish rates for indirect costs
that are specific to each program and shall review and update the
indirect cost rates based upon increases or decreases in the amounts
of grants received by the department, department reorganizations, and
other relevant factors, but not less than once every six months,
based upon the previous 12 months of expenditure data. The department
shall apply the indirect cost rates prospectively and shall not make
retroactive adjustments in those rates.